Title 38, Title 38: Liens

38-9-205. Petition to nullify lien -- Notice to lien claimant -- Summary relief -- Finding of wrongful lien -- Wrongful lien is void. (1) A record interest holder of real property against which a wrongful lien is recorded may petition a court with jurisdiction under Title 78A, Ju…

38-9-301. Title. This part is known as "Recording a Nonconsensual Common Law Document."

38-9-302. Recording a nonconsensual common law document -- Procedure. (1) For a nonconsensual common law document recorded on or after May 13, 2014, within five business days after the day on which an individual submits a nonconsensual common law document to a county recorder for…

38-9-303. Enforcement proceeding required. (1) For a nonconsensual common law document recorded on or after May 13, 2014, within 10 business days after the day on which a document sponsor submits a nonconsensual common law document to the county recorder for recording, the docume…

38-9-304. Civil liability -- Damages. (1) If, under Section, a court finds that a recorded nonconsensual common law document is unenforceable, the document sponsor of the nonconsensual common law document is liable to each affected person for any actual damages proximately caused…

38-9-305. Failure to comply -- Nonconsensual common law document void. A recorded nonconsensual common law document that is recorded on or after May 13, 2014, is void and has no legal effect if the document sponsor does not: (1) comply with the notice requirements described in Se…

38-9a-101. Title. This chapter is known as "Wrongful Lien Injunctions."

38-9a-102. Definitions. As used in this chapter, "wrongful lien" refers to a lien made in violation of Section, and includes: (1) a wrongful lien as defined in Section; and 38-9-102 (2) a nonconsensual common law document as defined in Section. 38-9-102

38-9a-201. Wrongful lien injunction -- Forms. (1) Any person who believes that the person is the victim of a wrongful lien may file a verified written petition for a civil wrongful lien injunction against the person filing, making, or uttering the lien, notice of interest, or oth…

38-9a-202. Petition for wrongful lien injunction -- Ex parte injunction. (1) The petition for a civil wrongful lien injunction shall include: the name of the petitioner, except that at the petitioner's request his or her address shall be disclosed to the court for purposes of ser…

38-9a-203. Hearing -- Court action. (1) A hearing requested by the respondent as allowed under Sectionshall be held within 10 days from the date the request is filed with the court, except as provided under Subsection. 38-9a-202 (3) If the court finds compelling reasons to contin…

38-9a-204. Civil wrongful lien injunction -- Validity of injunctions -- Changes to injunctions -- Dissolution of injunction. (1) If the respondent does not request a hearing in writing within 10 days of service of the ex parte civil wrongful lien injunction under Section, the inj…

38-9a-205. Remedies -- Actions arising from injunctions -- Attorney fees. (1) The remedies provided in this chapter for enforcement of the orders of the court are in addition to any other civil and criminal remedies available. (2) After a hearing with notice to the affected party…

38-10-101. Definitions. As used in this chapter: (1) "Contractor" means any person who, under contract with the owner or an operator designated by an owner, performs work upon or furnishes materials or equipment for any production unit. (2) "Lien claimant" means contractors and s…

38-10-102. Those entitled to lien -- What may be attached -- Qualifying work, materials, equipment, and costs -- Liability of nonoperating owners. (1) Contractors and subcontractors shall have a lien upon the interest of the owner in: the production unit and access rights appurte…

38-10-102.1. Perfection of lien -- Notice of subcontractor's claim -- Information required to be provided -- Payments to be held in trust. (1) To perfect a lien a subcontractor must comply with the requirements of this section and Section. 38-10-105 This section shall apply only …

38-10-103. Nonimpairment of lien attached to estate less than fee or to equitable or legal contingent interest. If a lien attaches to an interest in land: (1) which is less than the fee interest, including the interest of an optionee or farmoutee, termination of the interest in t…

38-10-104. Limitation of interests covered by lien. (1) If work is performed or materials or equipment are furnished to the owner of less than a fee interest, the lien granted by this chapter does not extend to the underlying fee interest, royalty interest, overriding royalty, ne…

38-10-105. Notice of lien -- Recording -- Service on owner of interest -- Failure to serve notice -- Time of filing. (1) To perfect the lien provided by this chapter, a notice of lien as required by Subsectionshall be filed with the county recorder in any county where any part of…

38-10-106. Enforcement -- Time for -- Lis pendens -- Action for debt not affected -- Execution on an interest. (1) Actions to enforce the liens created by this chapter shall be commenced within 180 days after the filing of the notice of lien required by Section. The lien claimant…

38-10-107. Lien priority -- Proration of proceeds upon sale. (1) Except as provided in this section, liens under this chapter shall be equal in priority without reference to the date of the filing of the lien. (2) Any lien perfected as provided by this chapter attaches to the int…

38-10-108. Limitation upon owner's liability. Except as provided in Sectionand Section, nothing in this chapter shall be construed to fix a greater liability against the owner than the price or sum agreed by the owner to be paid for a contractor's or subcontractor's share of the …

38-10-109. Limitation on liability for other owners in production unit if notice provided -- Contents of notice -- Filing of notice -- Time for filing -- Failure to file does not affect other defenses. (1) Where work is performed or materials or equipment are furnished for any pr…

38-10-110. Cancellation of lien. Cancellation of the liens provided for in this chapter shall be in accordance with the provisions of Section.

38-10-111. Abuse of lien right -- Penalty. An abuse of the lien rights provided for in this chapter is governed by Section.

38-10-112. Assignment of lien. An assignment of the liens provided for in this chapter is governed by Section.

38-10-113. Satisfaction of lien upon filing corporate surety bond or letter of credit -- Payment to lien claimant upon entry of judgment -- Filing -- Commencement time for action upon bond or undertaking. (1) Any lien created under this chapter is satisfied and shall be cancelled…

38-10-114. Attorney fees. An award of attorney fees in an action to enforce any lien in this chapter is governed by Section.

38-10-115. Prohibition against removal of property covered by lien -- Penalty. Any person who removes or causes to be removed any property covered by a validly perfected lien created by this chapter without the written consent of the lien claimant and with the intent to defraud t…

38-11-101. Title. This chapter is known as the "Residence Lien Restriction and Lien Recovery Fund Act."

38-11-102. Definitions. (1) "Certificate of compliance" means an order issued by the director to the owner finding that the owner is in compliance with the requirements of Subsectionsandand is entitled to protection under Section. 38-11-204(4)(a) (4)(b) 38-11-107 (2) "Constructio…

38-11-103. Administration. This chapter shall be administered by the Division of Professional Licensing pursuant to the provisions of this chapter and consistent with.

38-11-105. Procedures established by rule. In compliance with, the division shall establish procedures by rule by which claims for compensation from the fund and requests for certificates of compliance shall be adjudicated.

38-11-106. State not liable. The state and the state's agencies, instrumentalities, and political subdivisions are not liable for: (1) issuance or denial of any certificate of compliance; (2) any claims made against the fund; or (3) failure of the fund to pay any amounts ordered …

38-11-107. Restrictions upon maintaining a lien against residence or owner's interest in the residence. (1) A person qualified to file a lien upon an owner-occupied residence and the real property associated with that residence under, who provides qualified services under an agre…

38-11-108. Notification of rights under chapter. (1) Beginning July 1, 1995, the original contractor or real estate developer shall state in the written contract with the owner what actions are necessary for the owner to be protected under Sectionfrom the maintaining of a mechani…

38-11-109. Severability clause. If any provision of this chapter is held invalid or unconstitutional by a court of competent jurisdiction, the invalidity shall not affect the other provisions of this chapter which can be given effect without the invalid or unconstitutional provis…

38-11-110. Issuance of certificates of compliance. (1) The director may issue a certificate of compliance only after determining through an informal proceeding, as set forth in Title 63G, Chapter 4, Administrative Procedures Act: that the owner is in compliance with Subsectionsan…

38-11-201. Residence Lien Recovery Fund. (1) There is created an expendable special revenue fund called the "Residence Lien Recovery Fund." (2) The fund shall earn interest. (3) The division shall employ personnel and resources necessary to administer the fund and shall use fund …

38-11-202. Payments to the fund. Beginning on May 8, 2018, the Residence Lien Recovery Fund will no longer be supported by special assessments and will be solely supported by: (1) fees determined by the division under Sectioncollected from laborers under Subsectionwhen the labore…

38-11-203. Disbursements from the fund -- Limitations. (1) A payment of any claim upon the fund by a qualified beneficiary shall be made only upon an order issued by the director finding that: the claimant was a qualified beneficiary during the construction on a residence; the cl…

38-11-204. Claims against the fund -- Requirements to make a claim -- Qualifications to receive compensation -- Qualifications to receive a certificate of compliance. (1) To claim recovery from the fund a person shall: meet the requirements of Subsectionor; (4) (6) pay an applica…

38-11-205. Subrogation. (1) The state, on behalf of the fund, has the right of subrogation only to the extent of payments made from the fund. Upon payment from the fund to a claimant, any payment to the claimant that was the basis of the claimant's claim against the fund shall be…

38-11-206. Limitations on fund balance. By October 1 of each year, the division shall provide a written report to the Legislature and the Business and Labor Interim Committee that describes: (1) the amount of money in the fund, including the encumbered fund balance; (2) an estima…

38-11-207. Reimbursement to the fund. (1) If the director disburses money from the fund as a result of a person licensed under, or a qualified beneficiary failing to pay qualified beneficiaries: Title 58, Chapter 55, Utah Construction Trades Licensing Act the division shall issue…

38-11-207. Reimbursement to the fund. (1) If the director disburses money from the fund as a result of a person licensed under, or a qualified beneficiary failing to pay qualified beneficiaries: Title 58, Chapter 55, Utah Construction Trades Licensing Act the division shall issue…